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Black Cake

soccermom's picture

Black Cake (post #63294)

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I'm torn here; ethical dilemma. I was on the BetterBaking.com mailing list last year and received a really good Black Cake recipe. However, now the site is for subscribers only, and I can't access the recipe--and I can't find it at home either--and it needs to be started soon.


Marcy specifically asks people to respect her copyright, which I understand, but I did have the recipe last year, so does that mean I can't ask anyone here for it?


Does anyone have a proven Black Cake recipe (contains blackjack or blackened sugar and is guaranteed to get you very drunk on only a slice)?


 


 


 

 

 

TracyK's picture

(post #63294, reply #1 of 10)

Recipes cannot be copyrighted. Also, I think this would qualify as fair use. So long as you're not planning to slap your own name on it and publish it in a cookbook I can't see how it would be a problem. :-)



That's just bad pigs.

paretsky's picture

(post #63294, reply #4 of 10)

Recipes cannot be copyrighted.


Not to hijack this thread or anything, but i have to disagree with you there. Copyright protects any form of intellectual property, and that would certainly include recipes just as much as it would any other form of writing.

Whenever I feel blue, I start breathing again.

"Light the lamp, not the rat! Light the lamp, not the rat!!"
Rizzo the Rat, A Muppet Christmas Carol

TracyK's picture

(post #63294, reply #5 of 10)

Not recipes. At least, not generally.


From the U.S. Copyright Office:
A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection. Note that if you have secret ingredients to a recipe that you do not wish to be revealed, you should not submit your recipe for registration, because applications and deposit copies are public records.


Copyright does not protect ideas, concepts, systems or methods... and basic recipe instructions rarely count as "substantial literary expression."


 


 


 



That's just bad pigs.

paretsky's picture

(post #63294, reply #6 of 10)

Good point, and I concede that you are right. But if the recipe is being distributed in a newsletter, that newsletter, and its content, including the recipe, might be considered copyrighted, yes?

Whenever I feel blue, I start breathing again.


Edited 10/25/2004 6:12 pm ET by paretsky

"Light the lamp, not the rat! Light the lamp, not the rat!!"
Rizzo the Rat, A Muppet Christmas Carol

TracyK's picture

(post #63294, reply #7 of 10)

Possibly. But I doubt it. :-) Besides, it would still only pertain to the newsletter, not the individual recipes... much like a cookbook.


That's just bad pigs.

Glenys's picture

(post #63294, reply #8 of 10)

Even in a cookbook, and I'm familiar with afew of the finer points on this, the overall publication has a copyright but anyone can extract a recipe and the rest is history. Just ask Meanie.

MEANCHEF's picture

(post #63294, reply #9 of 10)

I have no shame at all.

Glenys's picture

(post #63294, reply #10 of 10)

Well we know that as well.

Li's picture

(post #63294, reply #2 of 10)

You could ask for someone to email it to you directly. That way it isn't posted here, and you're off the hook.


Edited 10/25/2004 3:19 pm ET by Li

Only connect.

soccermom's picture

(post #63294, reply #3 of 10)

Actually, that's exactly what's happened. Great minds....